Warrantless arrest law, Business Law and Ethics

Assignment Help:

The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control.  Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture.  It is unlikely to permit the opening of drawers or rummaging through cabinets.  Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.

For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities.  You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.

In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?

  1. The person's clothing
  2. The person's carry-on bag
  3. The person's suitcase (which is located in the baggage compartment)
  4. The entire first class section of the airplane
  5. The terminal area where the person was sitting prior to boarding

If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions


Related Discussions:- Warrantless arrest law

Court of appeal - establishment and composition, Court of Appeal - Establis...

Court of Appeal - Establishment and Composition Establishment Therefore the Court of Appeal was established on date 28th October in year 1977 through Section 64(1) of t

Nemo dat quod non habet - sales of goods, Nemo Dat Quod Non Habet - Goods ...

Nemo Dat Quod Non Habet - Goods Therefore another common law maxim such applies to sale of goods is like "nemo dat quod non habet": whether a person cannot give such he does

Safety and health officer in an organization, QUESTION 1 What are the d...

QUESTION 1 What are the duties of an Occupational, Safety and Health officer in an organization? QUESTION 2 Section 47 (1) of the Occupational, Safety and Health Act st

Administration of the law, ADMINISTRATION OF THE LAW: Furtherly a sour...

ADMINISTRATION OF THE LAW: Furtherly a source of law is the origin of the rule that legal principle or constitutes a law.  Conversely the phrase 'sources of England law' that'

Articles of partnership - authority of partners, Articles of Partnership - ...

Articles of Partnership - Authority of Partners The relations of partners to one other are governed through the Articles of Partnership.  Like third parties are not allowed fo

purchaser claims, You and a friend form a corporation (Company) together s...

You and a friend form a corporation (Company) together selling refurbished handbags.  Your responsibilities are to decide sales and your friend's, Patty, is to manage operations an

Explain The international court of justice, Normal 0 false fa...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

Compliance conference , Can general jurisdiction be obtained? Explain why/w...

Can general jurisdiction be obtained? Explain why/why not.  The Company has paid for three (3) trips for Patty to attend Prop 65 conferences in CA.  You discover that she did no

Prospectus issue and statutory provisions, Prospectus Issue And Statutory P...

Prospectus Issue And Statutory Provisions: A company's shares are legally regarded as goods. Consequently, the common law rule known as "caveat emptor" applied to their sale.

Problem question in law, how do i answer a problem question in law about th...

how do i answer a problem question in law about the law of contract

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd